Whether allegations that members of an association agreed to adhere to the association's rules, without more, are sufficient to plead the element of conspiracy in violation of Section 1

QUESTION PRESENTED The “crucial question” in a claim under Section 1 of the Sherman Act is whether the challenged anticompetitive conduct “stem[s] ... from an agreement” or conspiracy among different actors to restrain trade. Theatre Enters., Inc. v. Paramount Film Distrib. Corp., 346 U.S. 537, 540 (1954). This case presents a recurring question concerning the requirements for pleading the element of conspiracy under Section 1, where a plaintiff challenges a rule promulgated by a membership association as violating the antitrust laws. The Court granted certiorari to resolve the circuit split on this question in Visa Inc. v. Osborn, 137 8. Ct. 289 (2016), but was unable to do so. The question presented is: Whether allegations that members of an association agreed to adhere to the association’s rules, without more, are sufficient to plead the element of conspiracy in violation of Section 1.